Copyrights Law in Switzerland
Certainly! Here’s an overview of Copyright Law in Switzerland:
Copyright Law in Switzerland
Legal Framework
Governed by the Swiss Federal Copyright Act (Bundesgesetz über das Urheberrecht und die verwandten Schutzrechte – URG), enacted in 1992 and updated multiple times.
The law is designed to protect authors' rights while balancing public interests.
Switzerland is not an EU member but closely aligns with EU copyright standards through international treaties.
Key Features
Protected Works
Original literary and artistic works, such as:
Books, articles, academic works
Music compositions and lyrics
Paintings, sculptures, photographs
Films, audiovisual works
Software and databases
Architectural works
The law protects “works of individual character.”
Rights Granted
Moral Rights: Include the right of attribution, the right to decide on publication, and protection against distortion or mutilation of the work.
Economic Rights: Rights to reproduce, distribute, publicly perform, broadcast, and modify the work.
Moral rights are inalienable; economic rights can be licensed or assigned.
Duration of Protection
Copyright protection lasts for the life of the author plus 70 years after death.
For joint authorship, 70 years after the death of the last surviving author.
For anonymous or pseudonymous works, protection lasts 70 years from publication.
For cinematographic works, protection lasts 70 years after the death of the last of the main contributors (director, screenplay writer, composer, or lead actor).
Registration
No formal registration is required.
Copyright protection arises automatically upon creation and fixation of the work.
Infringement and Enforcement
Infringements may lead to civil claims (injunctions, damages) and criminal penalties (fines, imprisonment).
Swiss courts and customs authorities actively enforce copyright.
There is also a collective management system for licensing and royalties, especially in music and broadcasting.
International Agreements
Switzerland is a member of the Berne Convention.
Signatory to the WIPO Copyright Treaty.
Complies with the TRIPS Agreement under the WTO.
Has bilateral agreements with the European Union to align copyright protections.
RELATED Blog
0 comments